By 1817, the
Chilean War of Independence had entered its final phase, and there was little doubt that its final goal, national independence, would be realized. Even though Chile had been operating independently from Spain for several years, no formal
declaration of independence had yet been produced.

One of the first official documents to address the issue of independence was the
Provisional Constitutional Regulations of 1812, introduced by
José Miguel Carrera on October 27, 1812. Article V of this document states that "No decree, ruling or order, issued by any authority or courts outside the territory of Chile, will have any effect; anyone who tries to give them force will be punished as criminals of the State", while also recognizing the authority of
Fernando VII in Article III.

At the beginning of Patria Nueva, a period that began with the victory at the
Battle of Chacabuco, Chile had a government with its own authorities which controlled much of the territory of Chile, had a
flag, a
coat-of-arms and its
own currency, all of which indicated that Chile had become an independent state. Thus, there was no pressing need to make an explicit declaration of independence, as the
United States of America had done in 1776,
Venezuela in 1811,
Colombia in 1813, and
Argentina in 1816.[1]

The President of Chile,
Bernardo O'Higgins, bore in mind the problems experienced by the previous era, and convinced the members of his assembly that declaring independence would be difficult and problematic at this time, as the country was still warring against the
Spanish Royalists and because the establishment of internal order was indispensable towards the goal of independence.[1] Therefore, it was decided that a
plebiscite would be held instead.